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Citizen's Guide: Small Claims Court - State-By-State Guide To Small Claims Court

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Written by Joan E. Lisante
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State-By-State Guide To Small Claims Court

This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2009. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

Alabama

Statutes: Code of Alabama, Title 12, Ch. 12, Sections 31, 36, 70- 71; Alabama Rules of Courts; Small Claims Rules.
Dollar Limit: $3,000.
Where To Sue: Where defendant resides, or injury or property damage occurred. Corporation resides where it does business.
Service: Certified mail with return receipt; personal service by sheriff or court-approved adult.
Hearing Date: Set by court.
Attorneys: Allowed; required for assignees (collection agencies).
Transfer: No provision.
Appeals: By either side for new trial; to Circuit Court within 14 days.
Special Provisions: Equitable relief available. Defendant must answer within 14 days or lose by default. No eviction cases.

Alaska

Statutes: Alaska Statutes, Title 22, Ch. 15, Section 040; District Court Rules of Civil Procedure, Rules 8-22.
Dollar Limit: $10,000.
Where To Sue: Where defendant resides, is employed, or where injury or property damage occurred.
Service: Certified or registered mail (binding on defendant who refuses to accept), peace officer, or court-appointed individual.
Hearing Date: At least 15 days after service.
Attorneys: Allowed; required for assignees (collection agencies).
Transfer: Defendant or judge may transfer case to regular district court.
Appeals: For claims over $50, by either side for review of law, not facts; to Superior Court within 30 days. same procedure as for district to superior courts
Special Provisions: Equitable relief available. Defendant must file written answer within 20 days of service or lose by default. Court may order installment payments. No cases against the state.

Arizona

Statutes: Arizona Revised Statutes, Sections 12.401, 22.201-84, 22.501-24.
Dollar Limit: $2,500.
Where To Sue: Where defendant resides. In tort suit, where act occurred. In suit to recover personal property, where the property is located. In contracts suits, where performance expected. When defendant is nonresident, where plaintiff resides. When defendant is transient, where defendant found.
Service: Certified or registered mail with return receipt requested, sheriff, deputy, or private process server.
Hearing Date: Set by court; within 60 days of the filing of the answer.
Attorneys: Not allowed unless both sides agree in writing.
Transfer: Counterclaims over $2,500 or objections at least ten days before hearing (for right of appeal and jury), transfers to Justice Court.
Appeals: Not allowed. If either party feels the judgment was entered in error, or has good reason for failing to appear in court, s/he may move to vacate the judgment.
Special Provisions: Equitable relief available. If defendant fails to answer within 20 days, s/he may lose by default. No discovery. No jury trial. No libel or slander, forcible entry or unlawful detainer, specific performance, prejudgment remedies, injunctions or cases against the state. Right to sue may not be transferred.

Arkansas

Statutes: Arkansas Code Annotated, Title 16, Ch. 17, Sections 701-707, Ch 55-68; Inferior Court Rules; Arkansas Constitutions Amendment 64.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or injury occurred. For contracts, where performance expected. Corporation resides where it does business.
Service: Certified mail.
Hearing Date: Set by court.
Attorneys: Not allowed.
Transfer: If party represented by an attorney or if defendant files compulsory counterclaim for more than $5000, case tried under regular civil procedure of Municipal Court.
Appeals: By either side for new trial; to Circuit Court within 30 days.
Special Provisions: No jury trial. Collection agents and commercial lenders may not sue. Right to sue may not be transferred.

California

Statutes: Annotated California Codes, Code of Civil Procedure, Part 1, Title 1, Ch. 5.5, Sections 116.110-950.
Dollar limit: $7,500, except that a plaintiff may not file a claim over $2,500 more than twice per year. Suits on behalf of local public entities are exempt from the twice-per-year filing limit. $4,000 is the limit for suits involving a surety company or licensed contractor.
Where To Sue: Where defendant resides or injury occurred. For contract suits, where contract signed or where performance expected.
Service: Personal service by sheriff or court-approved disinterested adult. Any mail service providing return receipt.
Hearing Date: 20-70 days after the claim is filed.
Attorneys: Not allowed unless attorney represents self.
Transfer: If defendant counterclaims for more than $7,500, counterclaim removed to higher court if judge permits.
Appeals: By defendant (or plaintiff who lost on a counterclaim) for new trial; to Superior Court within 30 days. Motion to appeal is filed with the clerk of the small claims court.
Special provisions: Equitable relief available. Interpreters available. Small claims advisor available.

Colorado

Statutes: Colorado revised statutes, Sections 13.6.401-417; Colorado Rules of Civil Procedure for Small Claims Courts, Rule 501-521.
Dollar Limit: $7,500.
Where To Sue: Where defendant resides, is employed, has an office, or attends school.
Service: Certified mail, return receipt requested; personal service by sheriff or disinterested adult.
Hearing Date: Set by court; at least 30 days after notice of the action.
Attorneys: Not allowed unless attorney represents self or as full-time employee of partnership or corporation involved in the case. If attorney appears, other side may also have attorney.
Transfer: If defendant counterclaims for more than $7,500 or wants to use an attorney, case tried under regular civil procedure of Court.
Appeals: By either side for review of law, not facts; to District Court within 15 days.
Special Provisions: No equitable relief except nullification of contracts. No jury trial. No libel or slander, forcible entry or detainer, specific performance, prejudgment attachment, injunctions or traffic cases. Right to sue may not be transferred. No discovery. Plaintiff limited to two claims per month or 18 claims per year.

Connecticut

Statutes: Connecticut Rules of Court, Chapter 24, Sections 1-33; Connecticut General Statutes Annotated, Title 51, Section 345.
Dollar Limit: $5,000 (except in landlord-tenant security deposit claims).
Where To Sue: If either party is resident, where either plaintiff or defendant resides. If neither party is resident, district where injury or transaction occurred, or where subject property is located. For suits involving land, where land is located. For consumer suits, where consumer resides or where transaction occurred.
Service: First class mail; personal service by sheriff, peace officer, disinterested adult.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: If defendant has a counterclaim above $5,000, requests jury trial, or sets forth good defense, to regular docket of Superior Court.
Appeals: Not allowed.
Special Provisions: No equitable relief. No jury trial. No libel or slander. Defendant must answer between 15 and 30 days after service. No eviction cases.

Delaware

Delaware does not have Small Claims Courts. Cases are heard by the Justice of the Peace.

Statutes: Delaware Code Annotated, Title 10, Sections 9301-9590.
Dollar Limit: $15,000.
Where To Sue: Any county.
Service: Certified mail, return receipt requested; personal service by constable or authorized process server.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: No provision.
Appeals: By either side for new trial; to Court of Common Pleas within 15 days.
Special Provisions: Jury trial generally not allowed. Defendant must file written answer within 15 days after service is made, or may lose by default. Interest due on any cause of action may be added to the claim, even if adding it will make the amount exceed $15,000.
Counterclaims: If defendant's counterclaim against plaintiff exceeds $15,000, plaintiff can still pursue the counterclaim in Justice of the Peace Court since there is no provision for transfer to another court. If defendant wins the counterclaim, two options are available: (1) the court will note the outcome on the record and defendant can prosecute the cause of action in higher court, or (2) defendant may waive the excess over $15,000 and accept $15,000 as the judgment.

District of Columbia

Cases are heard by the Small Claims and Conciliation Branch (Superior Court).

Statutes: District of Columbia Annotated Title 11, Sections 1301-1323; Title 16, Sections 3901-3910; Title 17, Sections 301-307, Rules for Small Claims and Conciliation.
Dollar Limit: $5,000.
Where To Sue: Only one court in District.
Service: Certified or registered mail with return receipt, U.S. marshal or court-approved disinterested adult.
Hearing Date: 5-30 days from filing of complaint.
Attorneys: Allowed; required for corporations.
Transfer: If either side requests jury trial, if defendant files counterclaim affecting ownership of real estate, or if court determines interest of justice requires it, case tried under regular civil procedure of Court.
Appeals: By either side for review of law, not facts; to Court of Appeals within 3 days of initial judgment.
Special Provisions: No equitable relief. Limited discovery available with court permission. Court may refer cases to arbitration or mediation. Mediation is required for contested cases. Court may order installment payments. Wednesday evening and Saturday morning hours available. No eviction cases.

Florida

Small Claims are heard in County Court.

Statutes: Florida Rules of Court: Small Claims Rules, No. 7.010-7.350.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or injury occurred. For contract cases, where contract entered into or, if applicable, where contract provides. Where unsecured note was signed or where maker resides. In suit to recover property, where property is located.
Service: Peace officer or court-appointed disinterested adult. Certified mail with return receipt (Florida defendants only).
Hearing Date: Trial date within 60 days after pre-trial conference. The pre-trial conference is scheduled within 50 days after the action is filed.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $5,000, case tried under regular civil procedure of County Court.
Appeals: By either side for review of law, not facts; to Circuit Court within 30 days.
Special Provisions: Equitable relief available. Jury trial available. Party represented by attorney is subject to discovery. Defendant must file counterclaim in writing at least 5 days before the pretrial conference.

Georgia

Georgia has no Small Claims Court. Cases are heard in Magistrate Court.

Statutes: Georgia Code Annotated Title 15, Ch. 10, Sections 1, 2, 40-53.
Dollar Limit: $15,000.
Where To Sue: Where defendant resides.
Service: Constable or court-approved disinterested adult.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $15,000; to appropriate court depending on amount.
Appeals: By either side for new trial; to Superior Court within 30 days.
Special Provisions: Equitable relief available. No jury trial. Court may order installment payments. Defendant must answer complaint (in writing or orally) within 30 days to avoid default.

Hawaii

Cases are heard in Small Claims Division, District Court.

Statutes: Hawaii Revised Statutes, Title 34, Ch. 633, Sections 27-36.
Dollar Limit: $3,500. For return of leased/rented personal property, the property must not be worth more than $3,500. Security deposit disputes: no limit. Counterclaims up to $20,000.
Where To Sue: Where defendant resides. If defendant resides outside of the judicial circuit, where breach or injury occurred. In security deposit cases where defendant resides outside of judicial circuit, where property is located.
Service: Certified or registered mail, return receipt requested; personal service by any disinterested adult.
Hearing Date: Set by court.
Attorneys: Allowed, except in landlord-tenant deposit cases.
Transfer: If either party demands jury trial, to Circuit Court.
Appeals: Not allowed; however, court may alter or set aside judgment at its discretion.
Special Provisions: No equitable relief except in landlord- tenant cases, in which jurisdiction are limited to orders to repair, replace, refund, reform and rescind. No punitive damages.

Idaho

In Idaho, the Small Claims Department is the Magistrate's Division of the District Court.

Statutes: Idaho Code, Code of Civil Procedure, Title 1, Ch. 23, Sections 01-15.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or where breach or injury occurred.
Service: Personal service by sheriff or court-approved disinterested adult. If requested by plaintiff, certified or registered mail with return receipt.
Hearing Date: Set by court.
Attorneys: Not allowed.
Transfer: No provision.
Appeals: By either side for new trial; within 30 days to magistrate other than previous jurist.
Special Provisions: Defendant must answer within 20 days or lose by default. No jury trial. Right to sue may not be transferred. No punitive damages; no damages for pain or suffering. No eviction cases.

Illinois

Statutes: Illinois Supreme Court Rules, No. 281-289.
Dollar Limit: $10,000.
Where To Sue: Where defendant resides or injury occurred.
Service: Personal service. Certified or registered mail with return receipt, by clerk for fee of $2.00.
Hearing Date: Between 14 and 40 days after summons issued.
Attorneys: Allowed; required for corporations.
Transfer: If claim or counterclaim is over $10,000.
Appeals: By either side for review of law, not facts, within 30 days.
Special Provisions: Jury trial available at request of either party. No discovery. Court may order installment payments. Court may order arbitration.

Indiana

Statutes: Indiana Statutes Annotated, Title 33, Article 28, Chapter 3, Sections 1-10.
Dollar Limit: $6,000.
Where To Sue: Where defendant resides, is employed, or where injury occurred.
Service: Certified mail or personal service by sheriff.
Attorneys: Allowed.
Transfer: If defendant requests jury trial, case tried under regular civil procedure of appropriate court.
Appeals: By either side for review of law, not facts; to Court of Appeals within 30 days.
Special Provisions: No equitable relief. Defendant may request jury trial within ten days following service of complaint if she or he can show questions of fact requiring a jury determination. Court holds one evening session per week.

Iowa

Statutes: Iowa Annotated Statutes, Title 15, Subtitle 3, Ch. 631, Sections 1-17.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or injury occurred. Corporation resides where it has an office or agent.
Service: Certified mail with return receipt; personal service by peace officer or court; approved disinterested adult (except in eviction suits).
Hearing Date: Defendant must appear within 20 days; hearing set within 5-20 days thereafter.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $5,000, case tried under regular civil procedure of District Court.
Appeals: By either side for review of law, not facts; to District Court within 20 days.
Special Provisions: No equitable relief. No jury trial. Resident defendants have 20 days and nonresidents have 60 days to answer or lose by default. Written pleadings not required. Court may order installment payments.

Kansas

Statutes: Kansas Statutes Annotated Ch. 61, Article 27, Sections 1-14.
Dollar Limit: $4,000.
Where To Sue: Where defendant resides or where injury occurred. Where defendant does business or where plaintiff resides, as long as defendant is served there. Corporation resides where it does business or maintains registered office or resident agent.
Service: Personal service by sheriff; plaintiff can take responsibility for service but must notify clerk. Mail delivery by certified or priority mail, overnight delivery service, or "other reliable personal delivery service," with return receipt.
Hearing Date: Set by court.
Attorneys: Not allowed. However, if one party uses an attorney (or is an attorney), all parties shall have the opportunity to have an attorney.
Transfer: If defendant counterclaims for more than $4,000, court may allow defendant to transfer to court of competent jurisdiction.
Appeals: By either side for new trial; to District Court within 10 days.
Special Provisions: Limit of 20 claims a year per plaintiff. Right to sue may not be transferred. No discovery. Collection agents may not sue. Replevin may be granted if value of property is $4,000 or less. Jury trials not allowed.

Kentucky

Statutes: Kentucky Revised Statutes, Title 4, Ch. 24A.200-360.
Dollar Limit: $1,500.
Where To Sue: Where defendant or his agent resides or does business.
Service: Certified or registered mail, return receipt requested; personal service by sheriff or constable.
Hearing Date: 20-40 days from service.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $1,500 or requests jury trial or at judge's discretion, case tried under regular civil procedure of District Court.
Appeals: By either side for review of law, not facts; to Circuit Court within 10 days.
Special Provisions: Limited equitable relief available. Plaintiff is limited to 25 claims per year. Collection agents and lenders of money at interest may not sue. No discovery. No libel, slander, alienation of affection, malicious prosecution, or abuse of process actions. Jury trials are only allowed if defendant makes a written request at least seven days before hearing date. Case is then transferred to regular District Court.

Louisiana

In Louisiana's urban parishes, small claims cases are heard in City Court. In rural parishes, cases are heard by the Justice of the Peace.

Statutes: Louisiana Revised Statutes Annotated, Sections 13.5200-5212; Louisiana Code of Civil Procedure, Articles 4831, 4832, 4845, 4911-4925.
Dollar Limit: $3,000 ($2,000 for moveable property and eviction cases in Justice of the Peace Courts). Where To Sue: Where defendant resides. Corporation resides where it has an office or business establishment.
Service: City Court: certified mail with return receipt, sheriff, marshal, or constable; Justice of the Peace: sheriff or constable, if certified mail is marked.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: City Court: if defendant counterclaims for more than $3,000, (or if defendant files written request within time allowed), case tried under regular civil procedure of City Court Justice of the Peace: if demand exceeds jurisdictional limit, case will be transferred to court of appropriate jurisdiction.
Appeals: City Court: Not allowed. Justice of the Peace: By either side for new trial; to District Court within 15 days.
Special Provisions: Equitable relief available in either court. No jury trial. Case may be referred to arbitration if both sides consent. Court may order installment payments. Defendant must answer within ten days (15 if served through the secretary of state) or may loser by default. No real estate or family law cases. No class actions, summary proceedings, or incomplete proceedings allowed. Either party may request arbitration.

Maine

Statutes: Main Revised Statutes Annotated, Title 14, Chapter 738, Sections 7481-7487; Maine Rules of Small Claims Procedure, Rules 1-18.
Dollar Limit: $4,500.
Where To Sue: Where defendant resides, does business, or where transaction occurred. Where defendant is a corporation, where its agent resides.
Service: Certified or registered mail; if not possible, then personal service by sheriff, deputy, court-approved adult, or court clerk. If plaintiff files less than 3 claims in a month, s/he may ask clerk to arrange for service in one of the above-described methods.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Allowed.
Appeals: By either side; to Superior Court within 30 days.
Special Provisions: No equitable relief except orders to return, reform, refund, repair, or rescind. No jury trial. Court may order mediation.

Maryland

Statutes: Maryland Rules of Civil Procedure, No. 3-101-3-731; 7-101-7-116; Maryland Courts and Judicial Proceedings, Title 4, Subtitle 4, Section 405.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides, has regular business or is employed, or where injury occurred. In suit to recover personal property, where property is located. Actions against nonresident individual defendants can be filed in any county in the state. Actions against nonresident corporate defendants, where plaintiff resides. In-state corporation resides where principal office is.
Service: Certified Mail; personal service by sheriff or court-approved adult.
Hearing Date: Set by court; within least 60 days from filing of complaint for in-state defendants; within 90 days for out-of-state defendants.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $5,000, case tried under regular civil procedure of Court.
Appeals: By either side for new trial; to Circuit Court within 30 days.
Special Provisions: No equitable relief. No discovery. Jury trials not allowed.

Massachusetts

Statutes: Annotated Laws of Massachusetts, Chapter 218, Sections 21-25.
Dollar Limit: $2,000 (no limit for property damage caused by motor vehicles).
Where To Sue: Where plaintiff or defendant resides or where defendant has regular business or is employed. For landlord-tenant cases, where the property is located.
Service: First-class mail, sheriff, or constable.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: At judge's discretion, case tried under regular civil procedure of appropriate court.
Appeals: By defendant only for new trial; to Superior Court within 10 days.
Special Provisions: No libel or slander cases. Court may refer cases to mediation if both sides agree.

Michigan

Statutes: Michigan Compiled Laws, Ch. 600, Subchapter 84, Sections 8401-8427.
Dollar Limit: $3,000.
Where To Sue: Where defendant resides or where breach or injury occurred. If suing local government entity, suit must be brought in location of that entity.
Service: Personal service. Certified mail with return receipt; mail service must be made by clerk.
Hearing Date: 15-45 days from service.
Attorneys: Not allowed.
Transfer: If either side requests or defendant counterclaims for more than $3,000, case tried under regular civil procedure of court. Either party may, before trial, transfer to general civil division or require that District Court judge hear the case.
Appeals: If trial was before district court magistrate, either side may appeal for new trial to small claims division of the District Court within 7 days. Otherwise, not allowed.
Special Provisions: No equitable relief. Right to sue may not be transferred. No libel or slander, intentional torts or fraud cases. No jury trial. Plaintiff may not file more than five claims in one week. Court may refer cases to mediation or arbitration.

Minnesota

In Minnesota, Small Claims is known as Conciliation Court.

Statutes: Minnesota Statues Annotated, Judiciary Statutes, Ch. 491A, Sections 1-3; Rules for the Conciliation Court, Rules 501-525.
Dollar Limit: $7,500 ($4,000 in cases involving commercial consumer credit transaction).
Where To Sue: Where defendant resides or where injury or property damage occurred. Corporation resides where it does business or has a resident agent.
Service: First class mail (certified mail if claim is over $2,500), sheriff or court-approved disinterested adult.
Hearing Date: Set by court; at least 10 days after service.
Attorneys: Allowed, although court determines extent to which attorney may participate in trial.
Transfer: By either side by demand or if defendant counterclaims for more than $3,500, case tried under regular civil procedure of County Court.
Appeals: By either side for new trial; to district court within 20 days. (Jury trial permitted upon appeal).
Special Provisions: No cases involving ownership of real estate. No jury trial. No pre-trial attachments or garnishments. Court may order installment payments. Defendant must file counterclaim within 5 days before start of trial. Educational institution may bring actions to recover student loans, even though defendant is not a county resident.

Mississippi

In Mississippi, Small Claims cases are heard in Justice Court.

Statutes: Mississippi Code Annotated Title 9, Ch. 11, Sections 9-27, Title 11, Ch. 9, Article 3, Sections 101-147, Title 11, Ch. 51, Section 85.
Dollar Limit: $3,500.
Where To Sue: Where defendant resides or where breach/injury occurred; if defendant is nonresident, where breach/injury occurred.
Service: By sheriff, deputy sheriff, or constable; in "emergency" situation, if none of these available, clerk may appoint reputable person to serve process.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: No provision.
Appeals: By either side for new trial; to Circuit Court within 10 days.
Special Provisions: Jury trial available. Replevin is allowed. Some help to collect judgments is available.

Missouri

Statutes: Missouri Annotated Statutes, Title 32, Ch. 482, Sections 300-365; Missouri Rules of Civil Procedure, No. 41-101.
Dollar Limit: $3,000.
Where To Sue: Where defendant resides, where plaintiff resides and defendant is found or where breach or injury occurred. Corporation resides where it has office or agent.
Service: Personal service not required; Certified mail with return receipt sufficient.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: If defendant files compulsory counterclaim for more than $3,000, case tried under regular civil procedure of Court, unless both sides agree not to transfer case.
Appeals: By either side for new trial; to regular Circuit Court judge within 10 days.
Special Provisions: No discovery. No jury trial. Right to sue may not be transferred. Limit of 13 claims a year per plaintiff. Defendant may file an unrelated counterclaim against plaintiff any time up to 10 days after service of process and before the hearing date. Defendant may file a related counterclaim against plaintiff at any time before the heading date.

Montana

Montana small claims are heard in the Justice Court.

Statutes: Montana Code Annotated, Title 25, Ch. 35, Sections 501-807.
Dollar Limit: $3,000.
Where To Sue: Where defendant resides. For contracts, where performance expected.
Service: Personal service by sheriff or constable.
Hearing Date: Within 40 days of service.
Attorneys: Only allowed if both parties are represented.
Transfer: If defendant files notice within 10 days of receipt of complaint, case tried under regular civil procedure of Court.
Appeals: By either party to District Court within 10 days for new trial.
Special Provisions: Right to sue may not be transferred. No personal injury or property damage cases. Limit of ten claims a year per plaintiff. Defendant's counterclaim (up to $2,500) arising out of the same transaction or occurrence must be served on plaintiff at least 72 hours before the hearing date.

Nebraska

Statutes: Revised Statutes of Nebraska, Ch. 25, Article 28, Sections 01-07; Ch. 25, Article 27, Section F 28-39.
Dollar Limit: $2,700 (adjusted every 5 years based on Consumer Price Index).
Where To Sue: Where defendant or agent resides or does business or where breach or injury occurred. Corporation resides where it does business or has agent.
Service: Certified mail with return receipt requested or by sheriff, sent according to court instructions.
Hearing Date: Set by court.
Attorneys: Not allowed.
Transfer: If counterclaim exceeds $2,700, entire case transferred to County Court. Defendant may request transfer of case from small claims court to County Court docket; must request at least 2 days before hearing and must pay the difference in fees between the small claims court and the regular docket of County Court. After transfer, both the defendant and plaintiff may have an attorney. Jury trial must be requested when transfer is requested.
Appeals: By either side for new trial; to District Court within 30 days. Attorney allowed on appeal.
Special Provisions: No jury trial. Equitable relief available. Right to sue may not be transferred. Plaintiff limited to 2 claims per week up to 10 claims per year.

Nevada

Statutes: Nevada Revised Statutes Annotated, Title 6, Sections 73.010-.060; Justice Court Rules of Civil Procedure, Ch. XII, Rules 88- 100.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or does business. Corporation resides where it does business or maintains an office.
Service: Certified or registered mail with return receipt; personal service by sheriff, constable or court-approved adult.
Hearing Date: Within 90 days from service.
Attorneys: Allowed.
Transfer: No provision.
Appeals: By either side for review of law, not facts; to District Court within five days.
Special Provisions: No equitable relief.

New Hampshire

Statutes: New Hampshire Revised Statutes Annotated; Title LI, Ch. 503, Sections 1-11. Rules of District and Municipal Court, Rules 4.1 through .28, 1.11.
Dollar Limit: $5,000.
Where To Sue: Where plaintiff or defendant resides. If defendant is nonresident, where defendant conducts business, owns land, or where injury/breach occurred.
Service: First class mail sent by court; if that fails, personal service by sheriff.
Hearing Date: At least 14 days from service.
Attorneys: Allowed.
Transfer: If defendant requests jury trial (allowed in any claim exceeding $1,500), case transferred to superior court.
Appeals: By either side for review of law, not facts; to Supreme Court
within 30 days.
Special Provisions: No real estate cases. Defendant must answer within 30 days of service or lose by default. Failure to appear will result in loss by default.

New Jersey

Statutes: New Jersey Rules of Court, Part VI Rules Governing Practice in the Law Division, Special Civil Part Rules 6:1- 6:12.
Dollar Limit: Small Claims: $3,000 (or return of security deposit with damages not exceeding $5,000); Special Civil Part: $15,000.
Where To Sue: Where defendant resides. Corporation has residence where its office is located or anywhere it is doing business. Nonresident defendants Where breach or injury occurred.
Service: By sheriff, plaintiff's attorney or attorney's agent, Officers of the Special Civil Part, or disinterested adult. Registered or Certified mail, return receipt requested.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: If plaintiff's claim or defendant's counterclaim exceeds $15,000, case tried under regular civil procedure of Civil Part.
Appeals: By either side for review of law, not facts; to Appellate Division of Superior Court within 45 days.
Special Provisions: Small claims (damages up to $3,000) are limited to tort or contract cases, tenant-landlord actions, or security deposit cases as defined above. Equitable relief available. Right to sue may not be transferred. Jury trials are available by written demand.

New Mexico

Statutes: New Mexico Statutes, Ch. 34, Article 8A, Sections 1-13; Ch. 35, Article 3, Sections 3-6; Ch. 35, Article 8, Sections 1-2; Ch. 35, Article 10, Sections 1-6 (evictions); Ch. 35, Article 13, Section 2; Magistrate Court Rules of Civil Procedure, Rules 101-805; Metropolitan Court Rules of Civil Procedure, Rules 101-804.
Dollar Limit: $10,000.
Where To Sue: Where plaintiff or defendant resides or where breach or injury occurred. Corporation resides where it has an office or agent.
Service: By mail; if address unknown, by leaving documents with clerk of court.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: No provision.
Appeals: By either side for review of law, not facts; to District Court within 15 days.
Special Provisions: Jury trial available. Mediation available. Metropolitan Court also has jurisdiction over contested parking violations or vehicle operation regulations. Eviction cases allowed.

New York

In New York City, Small Claims cases are heard in City Civil Court; in Nassau and Suffolk Counties in District Court, except 1st District; in other cities in City Court. In rural areas, cases are heard in Justice Court.

Statutes: District Court Act, Article 18, Sections 01-15; Uniform Justice Court Act, Article 18, Sections 01-15; N.Y.C. Civil Court Act, Article 18, Section 01-15, Article 18-A, Sections 01-14 (commercial claims). Uniform Civil Rules for the New York City Civil Court, Part 208, Section 41 and Part 208, Section 41- A; Uniform Civil Rules for the City Courts Outside the City of New York, Part 210, Section 41 and Section 41 Part 212-A, Section 41; Uniform Civil Rules for the Justice Courts, Part 214, Section 10.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides, is employed or maintains a business office.
Service: Certified or registered mail, court-approved adult. If after 21 days not returned as undeliverable, then notice presumed.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Within court's discretion to appropriate court.
Appeals: By defendant only for review of law, not facts or by plaintiff if "substantial justice" was not done; to County Court or Appellate Terms within 30 days.
Special Provisions: No equitable relief. Non-appealable arbitration available. Corporations and partnerships may not sue. Right to sue may not be transferred. Jury trial available to defendant. Defendant must file affidavit stating the issues that require a jury trial. Businesses that fail to pay judgments may face a refusal of renewal of grant of business license from authorities. Counterclaims allowed only if within the dollar limit.

North Carolina

Statutes: General Statutes of North Carolina, Ch. 7A, Art. 19, Sections 210-232.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides. Corporation resides where it has place of business.
Service: Sheriff or court-approved adult. Certified or registered mail, with return receipt.
Hearing Date: Within 30 days of filing claim.
Attorneys: Allowed.
Transfer: No provision unless question of land title.
Appeals: By either side for new trial, within 10 days of judgment.
Special Provisions: No equitable relief except enforcement of liens. Counterclaims allowed so long as within the dollar limit. Discovery allowed. District judge may assign case to magistrate so long as the defendant is a resident of the county where the magistrate sits.

North Dakota

Statutes: North Dakota Century Code Annotated, Title 27, Sections 08.1-01 to 1-08.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides. Corporation resides where it does business or where breach or injury occurred.
Service: Certified mail or disinterested adult.
Hearing Date: 10-30 days from service.
Attorneys: Allowed.
Transfer: If defendant requests, case tried under regular civil procedure of Court.
Appeals: Not allowed.
Special Provisions: No equitable relief except to cancel agreements obtained by fraud or misrepresentation. No jury trial. Right to sue may not be transferred. No prejudgment attachment. Plaintiff's withdrawal of case results in dismissal with prejudice.

Ohio

Statutes: Ohio Revised Code Annotated Title 19, Ch. 1925, Sections 1-18; Ohio Rules of Civil Procedure.
Dollar Limit: $3,000.
Where To Sue: Where defendant resides, has a place of business or where breach or injury occurred. If defendant is nonresident, where plaintiff resides. Corporation resides where it has principal place of business or an agent.
Service: Certified or express mail by clerk; return receipt required. Personal service available; plaintiff must file written request with clerk, who will deliver paperwork to sheriff for personal service.
Hearing Date: Within 40 days of filing of complaint.
Attorneys: Allowed. A corporation may proceed through an officer or employee, but may not cross-examine, argue or advocate except through attorney.
Transfer: If either side requests, if defendant counterclaims for more than $3,000 or at court's discretion, case tried under regular civil procedure of appropriate court.
Appeals: By either side for review of law, not facts; to Court of Appeals within 30 days.
Special Provisions: No equitable relief. No jury trial. No discovery. No libel or slander cases. Right to sue may not be transferred. Court may order arbitration.

Oklahoma

Statutes: Oklahoma Statutes Annotated, Title 12, Ch. 36, Sections 1751-1773; Title 12, Ch. 5, Sections 131-141.
Dollar Limit: $6,000.
Where To Sue: Where defendant resides, debt arose or contract signed. In property suits, where property is located. In suit against resident corporation, where principal office is, where officer resides, where any co-defendant is sued or where injury occurred. In suits against nonresident corporation, where it has property or debts due, where agent is found, where any co-defendant is sued, where injury occurred or where plaintiff resides.
Service: Certified mail by court clerk with return receipt, sheriff or court-approved disinterested adult.
Hearing Date: 10-60 days from filing of complaint.
Attorneys: Allowed, but can't charge more than 10% of judgment in uncontested cases.
Transfer: If defendant counterclaims for more than $6,000 or if court grants defendant request, case tried under regular civil procedure of District Court, unless both parties agree in writing to stay in Small Claims Court.
Appeals: By either side for review of law, not facts; to Supreme Court within 30 days.
Special Provisions: Only cases to recover money, personal property or debt-payment distribution to several creditors. No libel or slander cases. Jury trial available if claim or counterclaim exceeds $1,500. Discovery available. Collection agents may not sue. Right to sue may not be transferred.

Oregon

Statutes: Oregon Annotated Statutes, Title 5, Ch. 46, Sections 405-570; Title 6, Ch. 55, Sections 011-140.
Dollar Limit: $7,500.
Where To Sue: Where defendant resides or where injury occurred. In contract suits, where performance expected.
Service: Certified mail with return receipt, sheriff, constable or court-approved adult.
Hearing Date: Set by court.
Attorneys: Not allowed unless court consents.
Transfer: If defendant counterclaims for more than $7,500, or defendant's claim is greater than $750 and s/he requests jury trial, case goes to Circuit Court.
Appeals: By defendant (or plaintiff that counterclaims) for new trial; to Circuit Court within ten days.
Special Provisions: Defendant must answer within 14 days. Cases may be referred to mediation or arbitration. No class actions.

Pennsylvania

In Philadelphia, Small Claims cases are heard in Municipal Court; elsewhere, in District or Justice Court.

Statutes: Philadelphia Statutes Annotated, Title 42, Part II, Subpart A, Article D, Ch. 11, Subchapter B, Section 1123; Title 42, Part II, Article E, Ch. 15, Subchapter B, Sections 1511-1520. Rules of Civil Procedure Governing Actions and Proceedings Before District Justices, Rules 201-325; Philadelphia Municipal Rules of Civil Procedure, Rules 101-134.
Dollar Limit: Philadelphia Municipal Court: $10,000; District or Justice Court: $8,000. Where To Sue: Where defendant resides or is found or where breach or injury occurred. Corporation resides where it has principal place of business.
Service: Certified or registered mail, sheriff or court- approved disinterested adult.
Hearing Date: Municipal Court: Set by court. District or Justice Court: 12-60 days from service.
Attorneys: Allowed; required for corporations, except when corporation is defendant and claims is for more than $2,500 (Philadelphia Municipal Court).
Transfer: Municipal Court - If defendant counterclaims over jurisdictional limit, case tried in Court of Common Pleas. District or Justice Court - No provision.
Appeals: By either side for new trial or a trial by jury; to Court of Common Pleas within 30 days.
Special Provisions: District Justice Court: no real estate cases; court may order installment payments; court may order arbitration. Municipal Court: no jury trial. If claiming more than $2,000 for injury to self or property, will have to submit a verified (signed under oath) statement of claim (Philadelphia Municipal Court).

Rhode Island

Statutes: General Laws of Rhode Island, Title 10, Ch. 16, Sections 1-16; Title 9, Ch. 12, Section 10 (appeals).
Dollar Limit: $2,500.
Where To Sue: Where either side resides. Corporation resides where it does business. If plaintiff is corporation, must be brought where defendant resides. If both plaintiff and defendant are nonresidents, suit may be brought in any county.
Service: Certified or registered mail, sheriff, deputy, constable or court-approved adult.
Hearing Date: Set by court.
Attorneys: Allowed; required for corporations, except close and family corporations with less than $1 million in assets.
Transfer: If defendant counterclaims for more than $1,500 and court approves, case tried under regular civil procedure of District Court.
Appeals: By defendant only, to Superior Court. However, plaintiff can appeal adverse judgment on counterclaim.
Special Provisions: No personal injury or property damage cases. Court may order installment payments.

South Carolina

Statutes: South Carolina Code Annotated, Title 22, Ch. 3, Article 1, Sections 10-30; Title 22, Ch. 3, Article 3, Sections 110-320; Title 15, Ch. 7, Sections 10-30; Title 18, Ch. 7, Article 1, Section 20; Administrative and Procedural Rules for Magistrate's Court, Rules 1-19.
Dollar Limit: $7,500; none in landlord-tenant cases.
Where To Sue: Where defendant resides. When defendant is a nonresident, where the injury occurred or where plaintiff resides at the time the action occurred. In suit to recover personal property, where property is located. Corporation resides where it does business.
Service: Certified mail with return receipt requested; personal service by sheriff, deputy, attorney
in case or court-approved disinterested adult.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: If defendant counterclaims for more than $7,500, case tried under docket of common pleas.Appeals: By either side for review of law, not facts; to Circuit Court within 30 days.Special Provisions: Jury trial available. Defendant must answer within 30 days (5 days if claim is for less than $25) or lose by default. No cases for more than $100 against the state and no real estate cases.

South Dakota

Statutes: South Dakota Compiled Laws Annotated, Title 15, Ch. 39, Sections 45-78.
Dollar Limit: $12,000.
Where To Sue: Where defendant resides or injury occurred. Corporation resides where it does business.
Service: Certified or registered mail first, return receipt (service is binding on defendant who refuses to accept and sign for that letter); if that fails, sheriff or court-approved adult, who is a county resident.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Allowed at judge's discretion if defendant requests jury trial at least 5 days before hearing (must provide affidavit justifying transfer because facts are complex); to regular civil procedure of appropriate court.
Appeals: Not allowed.
Special Provisions: No jury trial. No libel or slander cases. No eviction cases.

Tennessee

Statutes: Tennessee Code Annotated, Title 16, Ch. 15, Part 5, Sections 501-505; Title 16, Ch. 15, Part 7, Sections 712-735; Title 16, Ch. 15, Part 8, sections 801-807; Title 16, Ch. 15, Part 9, Sections 901-905.
Dollar Limit: $15,000; in counties of more than 700,000 population, $25,000. No limit in forcible entry and detainer cases or to recover specific personal property, except $25,000 limit for alternative money judgments in personal property cases in counties of less than 700,000.
Where To Sue: Where defendant resides or is found or where injury occurred. To recover personal property Where property is. Corporation resides where it maintains an office.
Service: Certified mail, sheriff, deputy or constable.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Before hearing, defendant may request transfer to Circuit Court (must provide affidavit explaining why defense warrants transfer).
Appeals: By either side for new trial; to Circuit Court within 10 days.
Special Provisions: Equitable relief limited to restraining orders. No jury trial. No formal pleadings required.

Texas

Statutes: Texas Government Code, Title 2, Subtitle A, Ch. 28, Sections 001-055; Texas Rules of Civil Procedure, Part V, Rules of Practice for Justice Courts, Rules 523 through 591.
Dollar Limit: $10,000.
Where To Sue: County where defendant resides. For contract suits, where performance is expected.
Service: By sheriff, constable, or court-approved disinterested adult (over 18 years of age). Service by certified or registered mail, along with notice by publication, by clerk of court.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Defendant may file a written motion to transfer as provided by the rules governing Justice Courts.
Appeals: By either side for new trial, if amount in controversy exceeds $250; as provided by the rules governing Justice Courts.
Special Provisions: No equitable relief. Jury trial available if requested at least one day before trial.

Utah

Statutes: Utah Code Annotated Title 78A, Ch. 8 Sections 101-109; Utah Rules of Civil Procedure, Rule 4.
Dollar Limit: $7,500.
Where To Sue: Where defendant resides or where breach/injury occurred.
Service: Sheriff, deputy, constable or disinterested adult.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: No provision.
Appeals: By either side for new trial; to District Court within 30 days of judgment. District Court will try the appeal in accordance with Small Claims Court procedures, except that a record of the trial will be maintained.
Special Provisions: Right to sue may not be transferred. Evening sessions available. Assignees cannot sue.

Vermont

Statutes: Vermont Statutes Annotated, Title 12, Part 2, Ch. 21, Section 405; Title 12, Part 9, Ch. 187, Sections 5531-5541.
Dollar Limit: $5,000.
Where To Sue: Where either side resides or where breach or injury occurred.
Service: First class mail; if defendant does not respond, personal service by sheriff.
Hearing Date: Set by court.
Attorneys: Allowed.
Transfer: Not allowed.
Appeals: By either side for review of law, not facts; to Superior Court within 30 days.
Special Provisions: No equitable relief. Defendant may counterclaim (not involving third parties outside court's jurisdiction) for more than $5,000, but court may not award more than $5,000; defendant may later sue in separate action for the difference. When plaintiff's claim exceeds $3,500, Defendant may request special assignment of a judicial officer. Defendant may request jury trial. No libel or slander cases.

Virginia

Statutes: Virginia Code Annotated, Title 16.1, Ch. 6: Article 1, Section 76; Article 2, Sections 77-78; Article 3, Sections 79-118.11; Article 5, Sections 122.1-122.7.
Dollar Limit: $5,000 (Small Claims Court); $4,500 (General District Court); $15,000 (Circuit Court)
Where To Sue: Where defendant resides, is employed or regularly transacts business, or where breach or injury occurred. In suit to recover property, where property is located.
Service: Sheriff or disinterested adult.
Hearing Date: Set by court.
Attorneys: Not allowed unless bringing their own suit or representing defendant in transfer motion.
Transfer: Defendant can remove the case to general district court at any time before the decision is handed down.
Appeals: By either side for new trial on claims more than $50; to Circuit Court within 10 days of judgment.
Special Provisions: Eviction cases allowed. Jury trials are not allowed except on appeals.

Washington

Statutes: Revised Code of Washington Annotated, Title 3, Ch. 3.66, Section 040; Title 12, Ch. 12.36, Sections 010-090; Title 12, Ch. 12.40, Sections 010-800. Washington Court Rules, Part V, Civil Rules for Courts of Limited Jurisdiction.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides. Corporation resides where it does business or has an office.
Service: Personal service by sheriff, deputy, or disinterested adult. By mail - one copy by ordinary first-class mail; a second copy by a form of mail requiring return receipt.
Hearing Date: Set by court.
Attorneys: Not allowed unless judge grants permission.
Transfer: At judge's discretion, following a hearing.
Appeals: By either side when the amount is more than $250; for new trial, to Superior Court within 30 days. (Any party who files a claim or counterclaim cannot appeal unless the amount claimed exceeds $1,000).
Special Provisions: No equitable relief. Either party has the right to demand a jury trial.

West Virginia

Statutes: West Virginia Code, Ch. 50, Sections 2.1-6.3; Ch. 56, Section 1.1; Rules of Civil Procedure for Magistrate's Courts, Rules 1-21.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides or where injury occurred. For property suits, where property is located. When defendant is nonresident, where he can be found or owes debts, or where plaintiff resides. Corporation resides where it has principal office or where chief officer resides. For nonresident U.S. corporation, where it does business or where plaintiff resides.
Service: By any disinterested adult.
Hearing Date: Defendant has 20 days to appear. Trial date set after defendant notifies court of intention to defend against claim.
Attorneys: Allowed.
Transfer: Claims less than $2,500: if both sides consent, case tried in Circuit Court. Claims more than $2,500: if either side requests, case tried in Circuit Court.
Appeals: By either side for new trial; to Circuit Court within 20 days of judgment or denial of new trial.
Special Provisions: No equitable relief. Jury trial available. Defendant must answer within 20 days. No libel or slander, real estate, false imprisonment or eminent domain cases. Claims against the state must be brought in the Court of Claims at the State Capitol. Eviction cases allowed.

Wisconsin

Statutes: Wisconsin Statutes Annotated, Ch. 799, Sections 01- 45; Ch. 421, Subchapter III, Section 401; Ch. 808, Section 04.
Dollar Limit: $5,000; none in eviction cases.
Where To Sue: Where defendant resides or does substantial business; where breach or injury occurred; where subject property is located. For consumer credit claims, where customer resides, collateral is located or document signed. Corporation resides where it has principal office or where it does business.
Service: Certified or registered mail, or personal service by any disinterested adult resident. For evictions, personal service required.
Hearing Date: Set by court.
Attorneys: Allowed; required for assignees.
Transfer: If either side requests jury trial or if defendant files compulsory counterclaim for more than $5,000, case tried under regular civil procedure of Court.
Appeals: By either side for review of law, not facts; to Court of Appeals within 45 days (15 days in eviction cases).
Special Provisions: Jury trial available. A motion for a new trial must be made within 20 days of judgment.

Wyoming

Statutes: Wyoming Statutes Annotated Title 1, Ch. 21, Sections 201-205; Rules and Forms Governing Small Claims Cases, Rules 1-7.
Dollar Limit: $5,000.
Where To Sue: Where defendant resides.
Service: Certified mail with return receipt requested; personal service by sheriff or deputy.
Hearing Date: 3-12 days from service.
Attorneys: Allowed.
Transfer: Allowed.
Appeals: By either side for review of law, not facts; to District Court within 10 days.
Special Provisions: Jury trial available. No formal pleadings required. Arbitration is available in some circumstances.

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